Judgment day for NRL, AFL and big telcos

Millions of dollars in sports broadcast rights will be at stake when a judgment is made in a legal battle between Optus and the nation's two biggest football codes on Friday.

The NRL, AFL and Telstra appealed a ruling made in February that Optus's TV Now service does not breach copyright laws in allowing users to record television programs, including football matches, and watch them on slight delay.

The football codes say the decision has devalued exclusive mobile and online rights to AFL and NRL matches.

Federal Court justices Desmond Finn, Arthur Emmett and Annabelle Bennett will deliver their judgment in the appeal in Sydney on Friday, six weeks after a two-day hearing.

The ruling could influence the value of broadcast and internet licences for all sports.

Telstra recently signed a $153 million, five-year deal for the online and mobile rights for AFL matches, and the NRL is negotiating its next round of broadcast rights.

In the original ruling by Justice Steven Rares, it was found that TV Now customers recording free-to-air programs were similar to a person using a video or digital recorder, and that the service was exempted from the Copyright Act.

The AFL, NFL, and Telstra want Justice Rares' original orders set aside and a permanent injunction put in place preventing Optus from broadcasting matches on its TV Now service.